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V. Krishnamurthy
There are advantages to both the buyer and seller when settlement is
arranged by documentary letter of credit. First, the buyer knows that
payment will only be made if the documents received comply strictly with
the terms and conditions of the credit as stipulated by the buyer. Second,
the seller knows that payment will be received provided the terms and
conditions of the credit are strictly complied with.
From this definition it can be seen that there are basically three parties to
a documentary credit: a) the buyer/importer, who requires that a credit be
issued in his favour; b) the beneficiary (the supplier of goods); and c) the
issuing bank which issue s the credit at the request of the buyer or
importer. The credit is usually (but not always) advised to the beneficiary
through a bank in the beneficiary's country (the advising bank).
Types of credit
Transferable credits
A transferable credit under Article 48 of the UCP is one under which the
beneficiary has the right to give instructions to the bank which is
authorised by the credit-issuing bank to effect payment, accept drafts or
negotiate documents to make the credit available in whole or in part to
one or more parties.
Back-to-back credits
When the documents are received under back-to-back credit by the bank,
they will advise the opener of the receipt of documents under the back-to-
back credit. The opener substitutes his own invoices and drafts made out
in the name of the foreign buyer and tenders the documents for
negotiation under the export letter of credit. The bank will then negotiate
both the documents and honour the documents submitted under back-to-
back credit from the proceeds of the original export credit. The difference,
if any , between the amount paid under the back-to-back credit and
amount reimbursed from the foreign bank under the export credit will be
paid to the original beneficiary, less bank charges.
Revolving credits
Under a revolving credit, the drawings made under the credit can be re-
available to the beneficiary, upon receipt of instructions from the opening
bank to the effect that the amount has been reinstated in the credit. A
credit can be made revolving as to time or up to a maximum amount of
drawing.
Red-clause credits
The red clause in the credit enables him to borrow money from the bank
to pay for the goods to be shipped. The beneficiary thus purchases the
goods and effects the shipments. After shipments are made, the
documents are tendered to the bank. However, the bank making payment
under the red-clause credit will be reimbursed by the opening bank
immediately on effecting payment to beneficiary.
There are two types of red-clause credits. One is secured and other,
unsecured. Under unsecured credit, the payment in advance will be made
to the beneficiary against presentation of clean drafts only, drawn on the
advising bank/opening bank. Under secured or documentary red-clause
credit, the advance will be made against warehouse receipts or similar
documents and the beneficiary's undertaking to deliver the relative Bills of
Lading upon shipment.